Matter of Reddan v Board of Trustees of the NY City Fire Dept., Art. 1-B Pension Fund

State: New York

Docket No: 2004 NY Slip Op 51208(U)

Case Date: 10/12/2004

Plaintiff: Matter of Reddan

Defendant: Board of Trustees of the NY City Fire Dept., Art. 1-B Pension Fund

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Decided on October 12, 2004
Supreme Court, Kings County

19426/04
Ira B. Harkavy, J.
petitioner James Reddan seeks a judgment, pursuant to CPLR Article 78, annulling the decision of respondents Nicholas Scopetta and the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund (the Board of Trustees), which denied his application for accident disability retirement, and declaring such denial to be arbitrary, capricious and unlawful. Alternatively, petitioner seeks a judgment remanding the matter in order that a hearing may be held on the factual and/or medical issues raised by petitioner's application for disability retirement benefits and directing the Board of Trustees to allow petitioner and/or his representatives [*2]to present such testimony as is necessary at such hearing so as to prove his entitlement to a line-of

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